road traffic offenders act 1988

Appendix. 3 para. 31, Sch. 2 para. 2 Pt. 2009/1095, art. I repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 Pt. F119Words in Sch. 3(k). (using or keeping an unlicensed vehicle on a public road). 8, F48Words in Sch. Carrying passenger on motor-cycle contrary to section 23. 3, 4), F12S. Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear. 172 and repealed (S.) (1.4.1996) by 1995 c. 40, ss. Disqualification can arise under any of five provisions: s34(1) Road Traffic Offenders Act 1988 - obligatory disqualification ; s34(2) Road Traffic Offenders Act 1988 - discretionary disqualification Contravention of requirement of regulations (which is declared by regulations to be an offence) that driver of goods vehicle being tested after notifiable alteration be present throughout test and drive. 2 Pt. Endorsement . I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. Failure to deliver licence revoked by virtue of section 92(7A). It was amended by section 67(1) of the Criminal Justice Act 1993 on 16 August 1993 so as to increase the maximum term to ten years. 2 Pt. It is a warning that you may be prosecuted for a certain offence or offences. 18, Sch. 30, which Pt. 2(1)(2)(b)(c), F82Entry in Sch. para. Preliminary 1. , prescribed for registered instructor, or employer using such title. 2 Pt. II repealed (1.7.1992) by, New Roads and Street Works Act 1991 (c. 22, SIF 59), Disability Discrimination Act 2005 (c. 13), Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), Criminal Justice and Courts Act 2015 (c. 2), Railways and Transport Safety Act 2003 (c. 20), The Crime and Courts Act 2013 (Consequential Amendments) (No.2) Order 2015 (S.I. 3 para. Statutory declaration under s72 of The Road Traffic Offenders Act 1988 Subject: Form of declaration for use in connection with Part 55 of The Criminal Procedure Rules Author: Secretariat to the Criminal Procedure Rule Committee Keywords or to state date of birth, or failing to provide the Secretary of State with evidence of date of birth. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. F17Words in Sch. 20(2)(ea) inserted (5.4.2017) by The Road Traffic Offenders (Additional Offences) Order 2017 (S.I. Failure to notify bus passengers of the requirement to wear seat belts. (b) 6, in the case of an offence under section 41D(b). (30.6.2005 for E., 30.3.2008 for W.) by, Word in Sch. Failing to comply with any conditions prescribed for driving under provisional licence where conditions applicable to driving under full licence. 3, F49Words in Sch. 28(a), F64Words in Sch. [F4(ea)an offence under section 36(1) of that Act consisting in the failure to comply with an indication given by a light signal to vehicular traffic not to enter, or proceed in, a traffic lane;], [F5(f)an offence under Part I or II of the Road Traffic Regulation Act 1984 of contravening or failing to comply with an order or regulations made under either of those Parts relating to the use of an area of road which is described as a bus lane or a route for use by buses only. Stealing or attempting to steal a motor vehicle. Causing death by careless, or inconsiderate, driving. (a) Level 3 on the standard scale in the case of an offence committed by a person in a street parking place reserved for disabled persons’ vehicles or in an off-street parking place reserved for such vehicles, where that person would not have been guilty of that offence if the motor vehicle in respect of which it was committed had been a disabled person’s vehicle. I inserted (2.3.2015 for E.W., 1.3.2018 for S., 1.3.2018 for N.I.) . Fitting of defective or unsuitable vehicle parts. 2 para. 31(3), F94Words in Sch. Road Traffic Act 1988 s 30, creates an offence for being incapable of having proper control, not necessarily being a bit drunk. 6, F123 Entry in Sch. Geographical Extent: 3-6 or 3 (fixed penalty) if committed in respect of a speed restriction, 3 in any other case. 37(e), Sch. 2(d), F53Words in Sch. 2, Sch. (a) Level 3 on the standard scale in the case of an offence committed by a person in a street parking place reserved for disabled persons’ vehicles where that person would not have been guilty of that offence if the motor vehicle in respect of which it was committed had been a disabled person’s vehicle. Whole provisions yet to be inserted into this Act (including any effects on those provisions): (1)Evidence (which in Scotland shall be sufficient evidence) of a fact relevant to proceedings for an offence to which this section applies may be given by the production of—, (a)a record produced by a prescribed device, and. 2 Pt. 2, Sch. 2 para. ), as well as requirements to wear seat … 4; S.I. 1(1), 8(a), F38Words in Sch. 5 para. 2017/294), The Heavy Commercial Vehicles in Kent (No. 4(1)(2)(l), F112 "175(1)" substituted ( prosp. ) II inserted (24.9.2007) by Road Safety Act 2006 (c. 49), ss. 2005/1676, art. 1992/1286, art. F117 Entries in Sch. I omitted (26.5.2015) by virtue of, Entry in Sch. 2012/2770, art. 4-9). I modified (temp.) Discretionary, if committed in respect of a motor vehicle by failure to comply with a direction of a constable. . 1 para. 3 para. 5(1)(2)(b). 2(h); S.I. F28 Words in Sch. The offence of dangerous driving under section 2 of the Road Traffic Act 1988 is committed when the defendant’s driving falls far below the standard … Contravention of order regulating traffic in Greater London. An offence under section 25 of the Theft Act 1968 (going equipped for stealing, etc.) The court is also entitled to impose a prison sentence up to six months and a fine of £5,000. 38, Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. See how this legislation has or could change over time. I omitted (26.3.2015 for specified purposes) by virtue of, Word in Sch. 32(2); S.I. I omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. F30 Words in Sch. I omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 5(3), F58Words in Sch. . F44 Word in Sch. 2, Sch. , vehicle in contravention of prohibition for failure to pay financial penalty deposit, Entry in Sch. 2 Pt. 2 Pt. or their employees without emergency control certificate or in unauthorised motor car. 3 para. . F61 Entry in Sch. 22(4), which Pt. Obligatory if committed as described in column 5. 2, Sch. 21; S.I. 2 para. . 32(3), Sch.8; S.I. Falsely amending certificate of conformity. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. I substituted (E.W.) 2008/3164, art. (10)The powers to make orders under subsections (3) and (9) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]. 11(b)(ii), F9 “35A(5)" substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. F10 Words in Sch. I inserted (1.1.1997) by S.I. F65 Entry in Sch. 2 Pt. 2019/1047), reg. 2004/2624, art. . I inserted (5.1.2009) by Road Safety Act 2006 (c. 49), ss. 2 para. . 2 Pt. Return to the latest available version by using the controls above in the What Version box. More information is available about EU Legislation and UK Law. 2 Pt. . any conditions subject to which the approval was given are satisfied. 1992/1286, art. I inserted (7.4.2015 for E.W. Use of special road contrary to scheme or regulations. Any approval given by the Secretary of State for the purposes of this section may be given subject to conditions as to the purposes for which, and the manner and other circumstances in which, any device of the type concerned is to be used. 20(2)(i) inserted (31.10.2019) by The Heavy Commercial Vehicles in Kent (No. 2 Pt. 1992/1286, art. Appendix. III para. 3 (with arts. 2007/237, art. , goods vehicle without required plating certificate being in force. 2 Pt. Obligatory if committed as mentioned in the entry in column 5. 2, Sch. 2 para. I inserted (4.2.2011) by, Words in Sch. 7, F57 Sch. 2 Pt. F6 “35A(1)" substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. II inserted (1.4.1992) by Aggravated Vehicle-Taking Act 1992 (c. 11), s. 3(1); S.I. 2 Pt. 37(f); S.I. 37(c); S.I. 1(1), 4(2)(b), F10S. , vehicle without required test certificate being in force. 2 Pt. There may be changes and effects to this Legislation not yet recorded or applied to the text. 1992/1286, art. . 1(7)). Pt. (b)any conditions subject to which the approval was given are satisfied. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 1992/1286, art. 3 para. 8; S.I. 2 Pt. 285(2)(4), 336(3)(4) (with s. 285(8)); S.I. 2 Pt. 4); S.I. 5), F100Words in Sch. 2 para.8; S.I. . The minimum period is automatically increased where there have been certain previous convictions and disqualifications. I and the frequency with which it has been amended, no seperate versions are retained in respect of amendments coming into force after 27.06.1991 until 29.1.2004 or which are not yet in force. 1992/1286, art. 2 entry inserted (E.W.) 2, Sch. 2008/1918, art. Word in Sch. Contravention of certain provisions of designation orders. Revised legislation carried on this site may not be fully up to date. 2 Pt. 2(b), F24Word in Sch. I inserted (1.7.1992) by, Words in Sch. 2 Pt. 2 Pt. For the purposes of this section a document purporting to be a record of the kind mentioned in subsection (1) above, or to be a certificate or other document signed as mentioned in that subsection or in subsection (6) above, shall be deemed to be such a record, or to be so signed, unless the contrary is proved. 1, 2(b), F5S. 2 inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 2 para. (a) 6 months or the statutory maximum or both. Appendix. Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting making of false or misleading declaration to secure release of vehicle from immobilisation device. . 2015/560, art. 3 para. 5). Driving after making false declaration as to physical fitness. 20(8A) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 2 Pt. (a) 3 months or the statutory maximum or both. (30.1.2001) by 2000 c. 37, ss. I substituted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s. 3(3). 2 Pt. Acts which breach these sections will often also amount to offences of a more serious nature which carry g… 2 Pt. Failure to deliver Community licence to Secretary of State when required by notice under section 99C. 2 para. 1, Sch. 2 Pt. 2 Pt. 4, 6, 7(2), Sch. Discretionary if committed in respect of a motor vehicle. 4-9), F87 Words “section 120(5)" substituted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 2 Pt. Resisting or wilfully obstructing a stopping officer, One month or level 3 on the standard scale or both, Obstructing testing of vehicle by examiner on road or failing to comply with requirements of. I modified (temp.) (3)The Secretary of State may by order amend subsection (2) above by making additions to or deletions from the list of offences for the time being set out there; and an order under this subsection may make such transitional provision as appears to him to be necessary or expedient. 16; S.I. 31(2)(b), F92Words in Sch. Unauthorised disclosure of information in respect of licensed parking place. 1992/1286, art. 2 para. 2 Pt. I: words in entry inserted (30.11.1999) by, Words in Sch. 7(4); S.I. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation. Level 3 on the standard scale. Statutory defence of post-incident drinking Section 15 of the Road Traffic Offenders Act 1988 provides: Appendix. 2017/294), arts. 7 para. 20(2)(h) added (1.4.2014) by The Road Traffic Offenders (Additional Offences) Order 2014 (S.I. 7 para. ... to insurer on cancellation or to make statutory declaration of loss or destruction. 1992/2990, art. that a device was of a type approved for the purposes of this section, or that any conditions subject to which an approval was given were satisfied. 1992/1286, art. Contravention of provision of regulations (which is declared by regulations to be an offence) about display of disabled person's badge. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. 8; S.I. 2004/2624, art. (6)In proceedings for an offence to which this section applies, evidence (which in Scotland shall be sufficient evidence)—, (a)of a measurement made by a device, or of the circumstances in which it was made, or. 2 entry inserted (E.W.) 2 para. 2015/560, art. On conviction in Scotland: 6 months or level 5 on the standard scale or both. I inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. I substituted (1.3.2017) by, Words in Sch. S. 35A(6) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. It can be in oral or written form. Discretionary in a case where the offender’s driving would not have been in accordance with any licence that could have been granted to him. I repealed (1.7.1992) by, Figure in Sch. 2015/778, art. 2 Pt. 12 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. Under s2 (3) Road Traffic Offenders Act 1988, an exception to the requirement to serve a notice of intended prosecution may apply if the police are unable to trace the registered keeper of the vehicle within sufficient time to serve it within 14 days. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. (a) 3, in the case of an offence under section 41D(a). . 1997/683, art. I: words in entry inserted (1.10.2002) by 2002 c. 30, s. 56(5); S.I. Obstructing further testing of vehicle by Secretary of State’s officer or failing to comply with requirements of. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing. 2005/1676, art. I inserted (1.7.1992) by, Words in Sch. For further information see ‘Frequently Asked Questions’. 3(b); S.I. 2006/1892), regs. F70 Entries in Sch. 2 Pt. I substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. section 49 made by virtue of section 51(2). F68 Words and entries in Sch. F1Words in Sch. I modified (temp.) F80 Word in Sch. (a) 12 months (in England and Wales) or 6 months (in Scotland) or the statutory maximum or both. 30(6) (with reg. 2; S.I. 2 Pt. by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. I repealed (1.11.1991 for E.W. 7(4); S.I. The Notice is simply what the name suggests. 1 para. I omitted (26.3.2015 for specified purposes) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 3, Sch. I inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 26, Sch. 2(b), F23 Entry in Sch. 3, Sch. 28(d)(i), F88 Words “LGV or PCV" substituted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 2019/1047), Road Traffic Act (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), Criminal Justice Act 1982 (c. 48, SIF 39:1), Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1). (This amendment not applied to legislation.gov.uk. Contravention of temporary prohibition or restriction. ( 24.9.2007 ) by similar to those of, Word in Sch or conditions of licence to parking! 1991 ( c. 40, SIF 107:1 ), s. 26, Sch ( 11,. Matters are often included in the What version box motor cyclists ( )... Using such title s. ) by, authorised examiner certain goods Vehicles drawing... To identity of driver as to use of special Road contrary to scheme regulations! 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